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July 01, 2005



A judicial activiist who isn't afraid to overturn Roe.
If there is a litmus test, abortion is it.

Alberto Gonzalez is too liberal.


I would like to see him nominate Estrada. He deserved better than he got in his Circuit Court nomination.

Gary Maxwell

I just saw Boyden Gray on Fox. This guy is in the position to know the innermost thoughts at the White House. He says the Supreme Court is current 6-3 on Roe v Wade so that this nominee is not about abortion. He was sounding quite positve about John Roberts and was downplaying recent nominees to Appelate courts ( ie Janice Rogers Brown ).


Rhenquist is ill - Stevens is 85.

They dont want a middle of the road type. The pressure would be even greater if the religious right hadn't lost so much cred on Terri S.

If they weren't going to nominate hard right - why the filibuster fight?

Looks like paving the way......


Anyone who will vote to overturn McConnell v FEC. (I don't care about abortion much, and thre has been a 6-3 majority for Roe anyway. The interesting question, to me, is what OTHER decisions may be overturned - from 5-4 one way to 5-4 the other.)

Cecil Turner

If he picks from current judges, Michael Luttig is my favorite (though he's very white), Emilio Garza a close second (ya gotta root for a former Marine)--Roberts is too recent an appointee.

If he doesn't go to the bench, all bets are off. (Jon Kyl? Ted Olson is too old.) But whoever it is, I'm going to claim it's Juan Non-Volokh unmasked.

Mark Coffey

Garza will be the pick...Stephen Bainbridge would be my preference...


I'm going Garza.


He should nominate Janice Rogers Brown. Beyond her intellect, temperament and integrity, she offers

1) A woman for the women's seat;
2) An established property-rights advocate for a post-Kelo America;
3) Immunity from many slings and arrows by virtue of her approval by the Senate for the DC Court of Appeals.

The ultimate vindication of the Coalition of the Chillin'.


Benedict, I couldn't agree more. All of your reasons plus because of her recent confirmation, she exempt from filibuster because she doesn't meet the "extraordinary circumstances" criterium. If they filibustered her, it would be an immediate justification to go nuclear.


You're crazy if you think that the Democrats' acceptance of her as Circuit Court judge would "exempt" her from filibuster by the Democrats for a Supreme Court nomination.


That's the point Al. If the Dems try to filibuster her now, the Pres can just point out that they didn't find anything wrong with her then, why now? It's a political game now, someone will win someone will lose, what we saw a couple months ago was the first act of this particular political play.


tollhouse --

the press CAN point that out, but WILL they?

no, the press is in the tank for the left. and they will go after janice rogers brown just as they will go after any bush appointee who is to the right of jim jeffords. we just have to grin and bear it; radical leftist appointments like ginsburg-replacing-white are portrayed as a step forward by the prestige media, whereas ideological mirror image replacements would be "divisive".

the press is the enemy. fortunately we have the web...


Pres as in President Bush, not press, who like you say are "in the tank".

Jim Glass

"...who would you like to see him nominate?"


(Forget about it.)


(Not a chance.)


(Not even if you dressed him in drag.)

Still ... Posner would have to be the most fun.


Justice Alex Kozinsky - Currently with the 9th Federal District Court of Appeals.


I agree, Posner! It'll never happen, but can you imagine a blogging SCOTUS judge?

Also: Randy Barnett!


I'm sorry Jor, the president's nominee did NOT have sex with a goat and also participate in lynchings of black Americans while in college.

And he did not hire a illegal alien as a nanny and then force her to buy prescription drugs (that's another guy).

And no, he did not purchase child pornography over the Internet either.

Okay, just practicing my responses for the confirmation hearings. Another week or so and I'll be in top form.



Glenn Reynolds has tenure but I'm sure for a supreme court nomination he might be interested.

Dave Schuler

Here's what I wish would happen but probably won't. I think that Bush should nominate a sitting Republican Senator from a state with a Republican governor. Such a pick is unlikely to be filibustered. This will be the Chief-Justice-in-waiting: politicians make the best Chief Justices.

Save the battle for Rehnquist's resignation.

Glenn Reynolds

Josh: Thanks, but I couldn't handle the pay cut. :)


Any strict constructionist is fine by me. No more Ginsbergs or Souters. We can worry about Roe v. Wade some other time; as litmus tests, it stinks.

To explain that, since I'm sure it will draw fire: it's social engineering from the bench, regardless of whether it comes from the left or the right. I want people who _read_ the constitution, not shred it. Once we get nine such justices, Roe v. Wade will take care of itself.

Paul Zrimsek

Not only can I imagine a blogging Justice, I can imagine him pondering whether to assign the next opinion to Justice Volokh or Justice Althouse.

creepy dude

I'd prefer a judge who could eat coal and shit diamonds, but since the bipartisan concensus has Gonzales as a "horrible", Bush will go for it to maintain consistency.


Creepy's comments overflowing with thoughtful charm, again, I see!


This is what elections are all about.

Those saying that there's no difference - or very little - between Democrats and Republicans need to pay close attention to this matter.

My guess: Gonzalez. Unless Bush knows that Rehnquist too will resign shortly. In that case, he'll keep Gonzalez for that post and likely nominate.... I haven't a clue.

Whatever the case, it will be the nastiest confirmation hearing in history. War of the Worlds, director's cut.



I'm changing my guess. Edith Clement. Gotta keep the heat on Landrieux.

Justin Hein

Richard Posner. That is all Bush has to say. Everyone will be happy.


I want condi?
Unlikely: Nominate Hillary. She either says yes, or no. If yes, steps down from the senate, doesn't get confirmed, starts running for pres.
or, nominate, say, JR Brown, and announce Richard Epstein as the back-up choice. Easterbrook is younger than Posner.
left field: Rush Limbaugh. Laura Bush. Highest bidder.

Cynical Nation

I think Bush should pick the best choice possible... and then nominate Roy Moore. By the time the smoke clears and the Democrats filibuster, the nation will be at loggerheads over the battle for the Supreme Court. Then, after about a month, Bush can quietly dispatch John McCain to "negotiate" with "moderate" Senate Dems. After an all-night horse-trading marathon, he could then triumphantly announce that Bush would reluctantly withdraw Moore's name from consideration and the Democrats would agree not to filibuster the new guy. Then Bush could nominate who he really wanted.


"Creepy's comments overflowing with thoughtful charm, again"

His septic tank is now overflowing on a daily basis. It happens when you live in a swamp (literally and metaphorically).

Black Jack

My pick is Ann Coulter. I can hear the cries and lamentations from the Party of Hate now. How sweet it is.


This is definitely going to be bloody. But, on the bright side, it looks like my wet dream of Rove getting frog-marched might just come true. Waiting for right-wing spin machine to kick into high gear. Anyway, those two battles going on at once could significantly alter Bush's ability to put some crazy on the court.


"It looks like my wet dream of Rove getting frog-marched might just come true."

Sad to hear that things like that float your boat (a dinghy perhaps?), so to speak. I'm not sure that is what is meant when the left talks about "sexual politics" or the "politics of sex."

Personally, frogmarching (ahem) with Angelia Jolie or Shania Twain tends to do it for me.

Perhaps some counseling would help?




The odds of Rove getting "frog-marched" are about as good as Kerry finally coming clean on his service record.

I.e. zero.

Miracle Max

To raise the tone in Washington, we need a Love Goddess.


I say Bush wants to make history twice. So he'll appoint Emilio Garza to the O'Connor seat, which would mean he appointed the first Hispanic Justice, and then he'll appoint Janice Rogers Brown to Rehnquist's spot when he retires, so that he can appoint both the first black Chief and the first woman Chief.

And both of those are very, very conservative, which will also make him happy.


I would settle for anyone who believes in the rule of law. Some of the eulogies for Ms. O'Connor are appalling in this respect; e.g. here.

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